If you're a homeowner planning to undertake building work, whether it's an extension, loft conversion, or even just a new garden wall, if your project affects a shared wall or boundary with a neighbouring property, the Party Wall Act 1996 is something you need to be aware of.
In this article, we’ll walk you through the basics of the Party Wall Act, explaining when it applies, what your responsibilities are, and how to avoid potential disputes with your neighbours. Whether you’re making structural changes or simply planning a modest renovation, understanding this legislation can help ensure your project goes smoothly and maintain good relationships with those living next door.
By the end of this article, you’ll have a clear understanding of how the Party Wall Act works, when you need to serve notice, and what to do if an agreement can't be reached.
Table of Contents
- What is the Party Wall Act 1996?
- What type of building work is covered by the Party Wall Act 1996?
- What is the 3-metre rule for a party wall?
- Is the Party Wall Act 1996 enforceable?
- When do you need to serve a Party Wall Notice?
- How to serve a Party Wall Notice
- Types of Party Wall Notices
- How to respond to a Party Wall Notice
- What does a Party Wall Surveyor do?
- What is a Party Wall Agreement?
- Can I start work without a Party Wall Agreement?
- When is a Party Wall Agreement not needed?
- How does a Party Wall Agreement resolve disputes?
- How to choose a Party Wall Surveyor
- What are the costs associated with appointing a Party Wall Surveyor?
- Who pays the surveyor's fees?
- Common disputes under the Party Wall Act
- Conclusion
What is the Party Wall Act 1996?
The Party Wall Act 1996 is a piece of legislation in the UK designed to help prevent and resolve disputes between neighbours when building work affects shared walls, boundaries, or structures.
The Party Wall Act covers a range of works, including building a new wall on or near the boundary, making alterations to an existing shared wall, or even excavating near your neighbour's property.
Before you start any work of this kind, the Act requires you to give notice to your neighbours so they can either agree or raise concerns about the proposed work.
If your neighbour agrees, you can go ahead with the work as planned. If they don’t, or if you don’t reach an agreement, the Act provides a framework for appointing surveyors to resolve the dispute fairly.
What type of building work is covered by the Party Wall Act 1996?
The Party Wall Act 1996 covers several types of work that can affect a shared wall, boundary, or structure between two properties including:
Building a new will on or right up to the boundary line between your property and your neighbours;
Any work that affects an existing shared wall, floor, or ceiling (if the properties are flats, for example);
Digging or excavating within certain distances of a neighbouring property and below their foundation level, especially if you're building an extension or a basement.
In all these cases, the Act requires you to serve a notice to your neighbours before starting work.
What is the 3-metre rule for a party wall?
If you plan to excavate within 3 metres of your neighbour’s property and the excavation will go to a depth lower than the foundation of the neighbouring building, the Party Wall Act requires you to serve a notice on your neighbour. This is to ensure that they are informed of the potential impact on their property and to allow them to raise any concerns or seek protection for their building.
In simple terms, if you’re digging near your neighbour’s house—whether for a new extension, basement, or other structure—you need to be particularly mindful of this rule. The notice you serve should include detailed plans of the proposed work and explain how it might affect the neighbouring property.
Once the notice is served, your neighbour can agree to the work, suggest changes, or request that a party wall surveyor be appointed to oversee the process.
This rule is designed to prevent damage to neighbouring buildings when you carry out digging or foundation work close to the boundary.
Is the Party Wall Act 1996 enforceable?
The Party Wall Act is enforceable, and it's in your best interest to follow the procedures. If you don't, your neighbour can take legal action against you and you may be required to stop the work, undo work you've already done, or pay for any damage caused. You could also be liable for their legal costs if they successfully challenge you in court.
When do you need to serve a Party Wall Notice?
You need to serve a Party Wall Notice if you plan to carry out any work that falls under the scope of the Party Wall Act 1996.
For building on the boundary line, you must serve the notice at least one month before the planned start of the work.
For work on an existing party wall or excavation work, you must serve the notice at least two months before the work begins.
After serving the notice, your neighbour has 14 days to respond. They can either agree to the work, disagree, or ask for modifications. If they don’t respond within that time, they are considered to be in dispute, and a party wall surveyor will need to be appointed to resolve the matter.
How to serve a Party Wall Notice
Confirm that your planned work requires a Party Wall Notice;
Choose the appropriate type of notice depending on the nature of the work;
Prepare the notice including your name and address, the address of the property, a description of the proposed work and start date (in line with the notice periods required by the act), and a statement that the notice is being served under the Party Wall Act 1996;
Serve the notice to your neighbour(s) either in person, by post, or by email (if your neighbour agrees to receive notices electronically);
Wait for your neighbour's response.
If your neighbour disagrees or suggests changes, you'll need to enter into a Party Wall Agreement, often with the help of a surveyor.
It's best to serve the notice well before you plan to start the work, so you have plenty of time to resolve any issues.
And, if you're unsure about the process or the content of the notice, consult with a solicitor or party wall surveyor for guidance.
Types of Party Wall Notices
There are three main types of Party Wall Notices, each corresponding to different types of work that might affect a shared wall or boundary:
Type of Notice | When to Use | Notice Period |
|---|---|---|
Party Structure Notice | When you plan to carry out work directly affecting an existing party wall or structure shared with your neighbour. | At least two months before the work starts. |
Line of Junction Notice | When you intend to build a new wall on the boundary line between your property and your neighbour's property. | One month if you are planning to build the wall entirely on your land but up to the boundary line or two months if the wall will be placed astride the boundary line, but this requires your neighbour's consent. |
Notice of Adjacent Excavation (Excavation Notice( | When you plan to excavate or dig near your neighbour's property and the excavation might affect the structural integrity of their building. | At least one month before the work begins. |
How to respond to a Party Wall Notice
You generally have three options when responding to a Party Wall Notice:
Consent to the work;
Dissent to the notice and appoint a single, independent surveyor to draw up a Party Wall Agreement;
Dissent to the notice and appoint your own surveyor who will work with your neighbour's surveyor to agree on the terms of the Party Wall Award. If they can't agree, they will appoint a third surveyor to make a final decision.
You have 14 days from receiving the notice to respond. If you fail to respond within this period, the law considers it as a dissent, and a surveyor will need to be appointed.
If you’re unsure about how to respond, or if the proposed work is complex or could significantly affect your property, it may be wise to seek advice from a solicitor or a party wall surveyor.
What does a Party Wall Surveyor do?
A Party Wall Surveyor must act impartially, regardless of which party appoints them. They are not there to advocate for the person who appointed them but rather to ensure that the Party Wall Act is applied fairly and correctly.
They will:
Visit the site to inspect the existing conditions of the properties involved;
Review building plans, notices, and other documentation to assess how the proposed work might affect the neighbouring property;
Prepare a Party Wall Agreement;
Mediate and resolve disputes impartially;
In some cases, the surveyor may be involved in monitoring the work as it progresses to ensure that it is being carried out according to the terms set out in the Party Wall Award.
If there is any damage to the adjoining property during the work, the surveyor will assess the damage and determine the necessary repairs or compensation.
What is a Party Wall Agreement?
A Party Wall Agreement (also known as a Party Wall Award) is a legally binding document that sets out the rights and responsibilities of property owners who are undertaking work that affects a shared wall, boundary, or structure with a neighbouring property.
This agreement is created as part of the process outlined in the Party Wall Act 1996, which is designed to prevent and resolve disputes between neighbours.
Often, a party wall surveyor (or surveyors, if each party appoints their own) is involved in drafting the agreement. The surveyor(s) will inspect the properties, assess the impact of the work, and ensure that the agreement is fair and balanced.
The agreement may also include specific conditions to protect the neighbouring property. For example, it might specify working hours, require that certain types of work be done in a particular way, or outline steps to prevent damage to the neighbour’s property.
It may also grant the property owner (or their contractors) access to the neighbour's property if needed to carry out the work.
Having a Party Wall Agreement in place helps prevent disputes by clearly setting out each party's rights and obligations. It ensures that both you and your neighbour are protected during the building process, helping to maintain a good relationship and avoid potential legal issues.
Can I start work without a Party Wall Agreement?
You shouldn't start work without a Party Wall Agreement if your project falls under the scope of the Party Wall Act 1996.
If you do start work without an agreement, your neighbour can apply for a court injunction to stop the work and you could be liable for the cost of repairs.
In some cases, the court may order you to undo any work that has already been completed, too.
When is a Party Wall Agreement not needed?
You don't need a Party Wall Agreement if your work does not involve a shared wall, or boundary, or falls within the excavation rules outlined by the Act.
However, if in doubt, it's always wise to consult with a surveyor or property solicitor to ensure compliance.
How does a Party Wall Agreement resolve disputes?
When there is a dispute between the building owner (who is carrying out the work) and the adjoining owner (the neighbour), each party can appoint a Party Wall Surveyor. Alternatively, both parties can agree on a single "agreed surveyor" to represent them both.
The surveyor(s) typically inspect the properties involved to assess the potential impact of the proposed work. This includes reviewing the structural condition of the adjoining property and understanding the nature of the planned work.
The surveyor(s) draft the Party Wall Agreement, which outlines the specifics of how the work will be carried out. This includes:
The exact nature and scope of the work;
Conditions for carrying out the work;
Measures to protect the adjoining property;
A schedule of conditions that records the current state of the adjoining property before work begins;
Access rights to the adjoining property.
If either party has concerns or requests amendments, the surveyor(s) can modify the agreement to reflect these, provided they are reasonable and in line with the Act.
If two surveyors (one appointed by each party) can't agree on certain aspects of the agreement, they can refer the matter to a third surveyor. The third surveyor’s decision is final and binding.
Once all issues are resolved, the surveyor(s) issue the final Party Wall Award. This document is legally binding on both parties and sets out how the work will proceed.
Post-work disputes
he schedule of condition, included in the Party Wall Agreement, serves as a reference point if there is any dispute over damage after the work is completed. If the adjoining owner believes their property has been damaged, the schedule helps determine whether the damage was pre-existing or caused by the new work.
If damage occurs or disputes arise after the work has started, the surveyor(s) can be called back to assess the situation and determine the appropriate remedy, whether that involves repairs or compensation.
How to choose a Party Wall Surveyor
Not all surveyors have expertise in party wall matters, as such it's important to find one who understands the specific requirements and complexities of the Party Wall Act.
You should also make sure that they are qualified by a professional body such as the Royal Institution of Chartered Surveyors (RICS).
Friends, family members, or colleagues who have gone through a similar process are often a good port of call for recommensations. Or, if you're working with an architect, builder, or solicitor, they might be able to recommend a reliable surveyor with whom they've worked in the past.
What are the costs associated with appointing a Party Wall Surveyor?
Many surveyors charge an hourly rate for their services, which can range from £100 to £250 per hour, depending on their experience and location. Some may offer a fixed fee for standard party wall services ranging from £700 to £1,500 per party wall agreement.
If a Party Wall Award (Agreement) is required, the surveyor will charge for drafting this document. This could be included in the overall fee, or it might be billed separately depending on the complexity of the work.
If additional reports or assessments (such as structural surveys or condition reports) are needed, these could incur extra costs.
Who pays the surveyor's fees?
In most cases, the building owner (the person doing the work) is responsible for covering the costs of the Party Wall Surveyor(s). This includes both their own surveyor’s fees and, usually, the fees of the adjoining owner’s surveyor if they dissent and appoint one.
In some situations, costs may be shared, particularly if both parties benefit from the work (e.g. if both properties are strengthened by underpinning a shared wall). However, this is less common and would need to be agreed upon or determined by the surveyor.
If you and your neighbour each appoint your own surveyors and they cannot agree, a third surveyor may be appointed to make a binding decision. The costs associated with the third surveyor are typically split between the parties, although the specifics can vary.
Common disputes under the Party Wall Act
Common disputes under the Party Wall Act typically arise when proposed building works impact a shared wall, boundary, or structure between properties. These disputes often stem from concerns about potential damage, inconvenience, or disagreements over how the work should be carried out.
This can include:
Failure to serve notice
The notice served is incomplete, lacks detail, or doesn't give enough time for the adjoining owner to respond;
Disagreement over the scope of work or its impact on shared structures;
Damage to the property caused by work;
Refusal of access to the adjoining property to carry out certain works;
Disagreement over appointed surveyors;
Disputes over who should bear the costs of surveyors, repairs and remedial work;
Disagreement over the timing or duration of the work;
Arguments over the terms set out in the Party Wall Award;
Vibration and noise concerns during construction.
These disputes can often be resolved through the Party Wall Agreement process, where surveyors work to mediate between the parties and ensure that the rights and responsibilities of both are clearly defined.
If an agreement can't be reached, the dispute may be referred to a third surveyor or, in some cases, to the courts.
Conclusion
Understanding the Party Wall Act 1996 is essential for any homeowner planning building work that might affect a shared wall, boundary, or structure with a neighbouring property. As we've discussed, serving the appropriate notice, navigating potential disputes, and ensuring compliance with the Act can be complex, but these steps are crucial to avoid legal issues and maintain good relations with your neighbours.
Whether you’re planning an extension, loft conversion, or even just a new garden wall, it’s important to approach the process with a clear understanding of your responsibilities under the Party Wall Act. Should you face any challenges or uncertainties, seeking professional advice can make a significant difference in ensuring your project proceeds smoothly.
At Lawhive, we’re here to help. Our network of UK property lawyers is well-versed in Party Wall matters and can provide the guidance and support you need.
Whether you need assistance with serving a notice, drafting a Party Wall Agreement, or resolving a dispute, feel free to contact us for a free case evaluation and quote for the services of a specialist lawyer.